Oireachtas Joint and Select Committees

Tuesday, 3 October 2023

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Irish Prison Service Bill and of the Criminal Justice (Legal Aid) Bill: Discussion

Photo of James LawlessJames Lawless (Kildare North, Fianna Fail) | Oireachtas source

Deputy Daly is up next, but I want to finish out that engagement on Senator Ruane's final question. She asked about a human rights challenge. I would be interested in the views of the witnesses on that. It strikes me that if a constitutional issue arose in the context of a criminal trial, it would be pursued by the defence team and would be covered by the legal aid certificate. Equally, if it was appropriate to take judicial review, in my experience there is no shortage of counsel among solicitors willing to take judicial reviews where there is a reasonable prospect of those rights being vindicated. I do not know what the views of the witnesses would be on that.

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